Asylum seekers on British Indian Ocean Territory of Diego Garcia will be transferred to UK

It is understood that a statement will be made within 48 hours by Home Secretary Yvette Cooper announcing that the group of 61 individuals, including 16 children, will be brought to safety in the UK. 

Discussions about transferring the group were announced in a letter from Government lawyers presented to the High Court today, Monday 4 November 2024, following a trial of the asylum seekers’ claims of unlawful detention and habeas corpus (the right not to be unlawfully imprisoned) on Diego Garcia in September. 

The group have been held on the US military base island of Diego Garcia since October 2021, when they were taken there by Royal Navy personnel after being rescued at sea. Their situation, living in tents on a fenced and guarded compound, has become so abhorrent that there have been recurring attempts at suicide and self-harm by 20 members of the group.  

In June BIOT Commissioner Paul Candler described the situation in the camp to UK government ministers as “dangerous and unsustainable”, and concluded that, by remaining on Diego Garcia, children in particular are suffering from “immediate and ongoing harm”. One of the Commissioner’s medical team on Diego Garcia described the camp as “in complete crisis”. 

Mr Candler wrote to Foreign Secretary David Cameron and then wrote again to the new Foreign Secretary David Lammy urging action to remove the asylum seekers from Diego Garcia. However, no action was taken and the Commissioner resigned his post. 

Today, judgment was due in the case after Ms Justice Obi, Acting Justice of the BIOT Supreme Court, held a judicial review hearing of the asylum seekers’ claims of unlawful detention and habeas corpus. 

Instead, government lawyers presented a letter to the court which stated:

“Following further consideration of the position of the BIOT migrants, our clients have discussed a proposed change in policy by which all families, children and those of the unaccompanied males who do not have criminal convictions, outstanding charges or investigations would be offered the opportunity to be transferred directly to the UK. Any such transfer would be subject to entry clearance applications being submitted [...]  

“Work is ongoing this morning and it is expected that a decision on offering entry to the UK in this way will be reached in the next 48 hours, upon which we will provide a further update. We are communicating this development in line with our clients’ duty of candour and in the knowledge that this is a significant development relating to the issues in the current proceedings.’ 

The asylum seekers are represented by Leigh Day and Duncan Lewis who travelled from London to Diego Garcia for the judicial review hearing. It was the first time they had met their clients in person since they began acting for them almost three years ago. 

Diego Garcia is part of the Chagos archipelago and is one of the most remote islands in the world. Since the early 1970s it has been host to an extensive US military facility on one part of the island. A full civilian infrastructure has been built on the island to support military personnel and the thousands of civilian contractors on the island, including shops, a post office, bars, night clubs and sport facilities. These are run variously by the US military through its Morale, Welfare and Recreation Program, by private contractors such as KBR, and by the British (including the Brit Club). The asylum seekers have been denied access to all facilities.  

Leigh Day solicitors Tom Short, Tessa Gregory and Josh Munt, represent the seventh to twelfth Claimants. Counsel instructed by Leigh Day are Ben Jaffey KC and Natasha Simonsen of Blackstone Chambers.  

Leigh Day solicitor Tom Short said:

“Our clients, including 16 children, welcome the Home Secretary’s belated decision to offer them safety in the UK. It was made only after our clients issued legal proceedings in the High Court.  

“Our clients fled Sri Lanka seeking refuge from persecution. The treatment and unlawful detention they have endured at the hands of the British Indian Ocean Territory Administration for the past three years is disgraceful. 

“Today’s decision is an enormous relief to our clients and we urge the Home Secretary to close the camp and bring our clients here without any further delay so that they can begin their recovery.”  

Chris Buttler KC and Jack Boswell represented the second to sixth Claimants, instructed by Duncan Lewis.